MEMORANDUM TO: Governing Board

Aug 31 2011 1:54 PM

THROUGH: Kirby B. Green III, Executive Director
Dave Fisk

David W. Fisk, Asst. Executive Director
Signer 2

Aug 25 2011 8:21 AM

Mike Register, Dept. Director Dept. of Environmental Resource Permitting
Aug 24 2011 12:16 PM

Mike Register

Hans G. Tanzler III, General Counsel

Hans G Tanzler

Aug 24 2011 11:12 AM


Kris Davis, Asst. General Counsel

Kris Davis

Consent Order for University of Central Florida Permit Numbers 4-095-20026-7 and 40-095-20026-91 Consent Order Number 937759 File of Record No. 2010-16 August 24, 2011


RECOMMENDATION District staff recommends that the Governing Board approve the attached Consent Order, which has been fully negotiated with, and will be executed by, the University of Central Florida (“Respondent”), and authorize the Executive Director to execute the Consent Order on behalf of the Governing Board. BACKGROUND On August 10, 1993, the District issued permit number 4-095-20026-7 to the Respondent, authorizing the university’s master drainage plan, including a system of master stormwater ponds to be constructed in phases to serve future campus development, associated wetland impacts, and a mitigation plan. In accordance with the District permit, the Board of Trustees of the Internal Improvement Trust Fund


recorded a Conservation Easement (“CE”) over portions of the university campus as mitigation for wetland impacts. However, the Respondent subsequently conducted the following unauthorized activities within the CE area: removal of 1.05 acres of trees and underbrush; (2) installation of a small portion of a baffle box; (3) re-alignment of an existing drainage canal; (4) installation of a bridge over the canal; (5) construction of gravel paths; (6) construction of a weir within the canal; and (7) placement of fill to create raised plant beds. In addition, the Respondent conducted the following activities outside of the CE area but within portions of the wetland and upland Riparian Habitat Protection Zone (“RHPZ”) on the campus without first obtaining a District permit: (1) filling of an existing drainage ditch; (2) installation of a portion of a baffle box; and (3) construction of a pump shed. Upon learning of these violations, District staff sent the Respondent a letter concerning the unauthorized activities and informed the Respondent of the District’s intent to resolve the matter through the entry of a Consent Order. DISCUSSION District staff worked closely with the Respondent to resolve the outstanding compliance issues. As a result, the Respondent removed a number of the encroachments from the CE area. The Respondent also obtained a District permit authorizing the activities that had occurred within the RHPZ wetlands and uplands. Additionally, the Respondent requested that the District release a 7.847-acre portion of the CE where the impacts occurred in exchange for Respondent placing a CE over a larger (17.216-acres), more ecologically valuable area within the UCF campus. Because the impacted area is no longer under a CE, the District is not requiring the Respondent to replant that area. In lieu of payment of a monetary penalty, the Respondent has proposed an Environmental Lift Plan (the “ELP”) consisting of wetland enhancement activities within the UCF campus that would be used to offset the District’s proposed settlement penalty of $19,100.00 and staff costs of $3,634.97.


















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